J S SETHI Vs. PARKASH KAUR

JUDGEMENT

(1.) The tenant aggrieved against the order of ejectment passed by the appellate authority has filed the present revision petition. The appellate authority ordered the ejectment on the ground that the premises have been sublet to M/s Ravindra Medical Store.

(2.) It has been pleaded by the landlady that the premises were let out to Dr. J.S. Sethi on 1.4.1974 at the monthly rent of Rs. 630/-. The landlady has sought the ejectment on the ground that the tenant is in arrears of rent since 1.2.1983 and that portion of the premises has been sublet to M/s Ravindra Medical Store without the written consent of the landlady. The respondent contested the case of the petitioner and stated that the premises were let out to M/s Ravinder Medical Store through Dr. J.S. Sethi. It is mentioned in the written statement that the photocopy of the rent note is attached. However, during the evidence the original rent note (Ex.R6) was produced by the tenant.

(3.) Learned Rent Controller dismissed the ejectment petition. However, the Appellate Court found that M/s Ravinder Medical Store came into existence for the first time on 1.5.1976 vide partnership deed Ex.A13. Even the licence for running M/s Ravinder Medical Store was taken on 28.2.1975. It was found that Dr. J.S. Sethi became partner in the firm of M/s Ravinder Medical Store for the first time on 14.8.1982 vide partnership deed (Ex.R32) and, thus, held that Dr. J.S. Sethi has sublet the part of the premises to M/s Ravinder Medical Store and is liable to be ejected.